What to Do if You’re Hit by a Car as a Pedestrian in Denver

Pedestrian accidents are unfortunate and often result in serious consequences due to the vulnerability of those on foot. If you find yourself in such a situation in Denver, Colorado, knowing how to respond is essential for protecting your rights and seeking fair compensation. This article outlines the steps to take after being hit by a car as a pedestrian, offering practical guidance for navigating this stressful experience.

Introduction: The Reality of Pedestrian Accidents in Denver

Walking in a busy city like Denver can be an enjoyable experience, but it comes with risks, especially with the increasing number of vehicles on the road. Pedestrian accidents can lead to severe injuries, emotional distress, and financial challenges. Understanding the steps to take immediately after an accident can help mitigate these consequences and position you to pursue the compensation you need.

Immediate Steps to Take After Being Hit by a Car

1. Ensure Your Safety and Seek Medical Attention
Your health should be your top priority. Move to a safe location, if possible, and seek medical attention right away, even if you do not feel injured initially. Some injuries may not be apparent immediately but can become serious if left untreated. A medical record created shortly after the accident will also be crucial when filing a claim.

2. Contact the Police
Calling 911 ensures that police arrive at the scene and create an official accident report. This report is vital for your insurance claim and any potential legal action. Be sure to provide the police with an accurate account of the accident, but avoid admitting fault or making speculative statements.

Example: A pedestrian in Denver was struck by a car while crossing the street at a marked crosswalk. Despite feeling disoriented, they called 911, ensuring the incident was documented, which later became key evidence in their claim.

3. Gather Evidence at the Scene
If you are physically able, collect as much evidence as possible. This may include:

• Photos: Capture images of the scene, the vehicle involved, any visible injuries, and relevant road signs or traffic signals.
• Witness Contact Information: Obtain contact details from witnesses willing to provide statements.
• Driver’s Information: Exchange contact and insurance information with the driver involved in the accident.

Notifying Your Insurance Company

1. Report the Incident Promptly
Notify your insurance company about the accident as soon as possible. Provide them with the details of the incident and any evidence you collected. This helps initiate your claim and ensures your side of the story is documented.

2. Personal Injury Protection (PIP) Coverage
If you have personal injury protection (PIP) coverage as part of your auto insurance, this may help cover your medical expenses and lost wages, regardless of who was at fault.

Understanding Compensation Options

1. The Driver’s Insurance
Colorado requires drivers to carry liability insurance, which covers bodily injury and property damage. If the driver is at fault, their insurance should cover your medical expenses and other damages.

2. Uninsured/Underinsured Motorist Coverage (UM/UIM)
If the driver does not have insurance or lacks adequate coverage, your own UM/UIM policy can help. This coverage provides additional protection and ensures you are not left with out-of-pocket expenses.

Example Case: A pedestrian in Westminster was hit by a car driven by an uninsured motorist. Because they had UM/UIM coverage, they were able to file a claim with their own insurance to cover medical bills and recovery costs.

Working with a Personal Injury Attorney

1. The Benefits of Legal Representation
Navigating a pedestrian accident claim can be complex, especially when dealing with insurance companies that may try to minimize payouts. Consulting with an experienced personal injury attorney can help you understand your rights, gather additional evidence, and negotiate for fair compensation.

2. Building a Strong Case
An attorney can assist in gathering essential evidence, such as traffic camera footage, expert witness testimonies, and medical evaluations. They can also help ensure that your claim is filed within Colorado’s statute of limitations for personal injury cases, which is typically two years from the date of the accident.

Tips to Strengthen Your Claim

1. Maintain a Comprehensive Record
Keep a detailed record of all medical treatments, bills, and other related expenses. Document any time you miss from work and the impact the accident has had on your daily life. This information can be valuable when seeking compensation for lost wages and pain and suffering.

2. Follow Medical Advice
Adhere to your healthcare provider’s recommendations and complete any necessary treatments. This demonstrates that you are taking your injuries seriously and strengthens your case.

3. Avoid Discussing the Accident Publicly
Refrain from sharing details about the accident on social media or in casual conversations. Insurance companies may use such information to challenge your claim or minimize your compensation.

Conclusion: Taking Proactive Steps After a Pedestrian Accident

Being involved in a pedestrian accident can be overwhelming, but knowing how to respond can make a significant difference in protecting your rights and pursuing fair compensation. From seeking immediate medical attention and documenting evidence to consulting with an attorney, each step plays a role in building a strong claim. Whether you’re walking in Denver, Commerce City, or any other Colorado city, staying informed and proactive helps ensure the best possible outcome after an accident.

FAQ

1. What should I do first if I’m hit by a car as a pedestrian?
Ensure your safety, call 911, and seek medical attention even if you don’t feel injured right away.

2. Can I still file a claim if I was partially at fault?
Yes, Colorado follows a comparative negligence rule, which means you can still file a claim as long as you are not more than 50% at fault. Your compensation may be reduced based on your level of fault.

3. What kind of compensation can I seek after a pedestrian accident?
Compensation can cover medical expenses, lost wages, pain and suffering, and other damages related to the accident.

4. Should I consult an attorney for my pedestrian accident claim?
Consulting an attorney can be beneficial, especially if there are complexities with the insurance process or if liability is disputed.

5. How long do I have to file a claim after a pedestrian accident in Colorado?
You typically have two years to file a personal injury claim, but it’s best to start the process as soon as possible to ensure evidence is fresh and deadlines are met.